How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit could help you recover damages to pay medical bills and to make up for lost income. However many people are confused about how the process is carried out.

In this blog post, we'll review five legal milestones that every personal injury case must go through.

Time to File

Each state has a statute which limits the time you must file a lawsuit after an accident. If you do not submit your claim within this time frame the claim is almost always dismissed.

After a case has been filed and the parties begin the discovery process, which involves exchanging documents as well as witness testimony and depositions. This could take months depending on the nature of the case.

At this point, an experienced lawyer will make an offer for settlement. However, your attorney cannot make a demand until you've reached the point of maximum medical improvement and you are as healthy as possible.

If you were injured by a government entity or a medical professional working for the government, you could have additional time constraints that you must meet in addition to the general statute of limitations. These are sometimes referred by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your lawyer can explain these in greater detail. These cases are usually resolved quicker than other types of cases.

Statute of limitations

If you'd like to maximize your chances of receiving fair compensation, it is essential to file an injury lawsuit before the statute of limitations runs out. These deadlines apply to many kinds of personal injury lawsuits, including car accidents, medical malpractice claims, product liability claims and injury lawsuit wrongful death claims.

In most states, "the clock" of the statute of limitations begins to run the day you've been injured. There are a few exceptions to the rule that can effectively stop it in certain circumstances. For example the discovery rule permits you to file a lawsuit after you have discovered (or should have discovered with reasonable care) the injury.

The statute of limitations can also be shortened or tolled in certain situations in certain circumstances, for example, if the plaintiff is young or mentally disabled. It is recommended to consult an experienced injury attorney to determine the particular limitation period that applies to your situation. If you try to file a lawsuit after the statute of limitation has expired the court is likely to dismiss your case. This could have devastating consequences for the victim and their family.

Damages

The person who wins an injury lawyer lawsuit (Suggested Online site) is entitled to damages. They could include compensation for medical expenses or lost wages as well as other incident-related expenses. Other types of damages pay compensation to someone who is suffering from emotional distress or loss of enjoyment because of an accident.

The jury will determine the amount of damages based on the evidence presented in court. Your attorney will argue that the defendant failed to act with the level of care that reasonable people would have applied in the same circumstance that led to your injury.

Special damages, such as the cost of repairing or replacing damaged property or lost wages if an injury prevents you from working or causes you to take a vacation or sick leave, are simple to determine. General damages, also referred to as pain and suffering, are more difficult to calculate. Many lawyers and insurance companies use a multiplier to estimate the amount of general damages, for instance, a multiplier of 1.5 to 5. In the majority of cases, severe injuries result in greater general damages than minor or temporary injuries.

Mediation

Mediation is not mandatory in all injury cases. However it is often used as a way to resolve a dispute without having a judge or jury decide the outcome. You can discuss your concerns at the mediation with a third party neutral known as a mediator.

The mediator will ask you questions to determine what you expect and the amount you want. The two parties will discuss their differences with the mediator. After that, you'll go back and forth with counteroffers and offers to come to a resolution.

Neither the negligent party nor the victim who has been injured would like to go to court and so the aim is to settle in mediation. This is a crucial step in avoiding the long and stressful litigation process. Most cases of injury settle at mediation, even those that involve the largest insurance companies. If you're involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your specific situation. Contact us today to schedule a free consultation. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

Your lawyer may decide to proceed to trial if your case is not resolved out of court. This will depend on your personal circumstances, your evidence and the settlement offer offered by the defendant's insurer.

Your attorney will argue your case to a jury of peers during the trial. The jury will determine if the defendant was negligent and, if so, how much compensation is due to cover your financial losses, injuries, and expenses.

During the trial, your lawyer will use evidence to show that the negligence of the defendant caused your injuries and you are entitled to financial damages to cover these expenses and losses. The defense will provide evidence to defend themselves against your allegations and prevent them from owing you any money. The jury will consider the evidence after both sides have made their closing arguments. The verdict, which is handed down by the judge or jury in a bench trial, will decide if the defendant was negligent and, in the event of negligence, what amount of financial compensation you should be awarded.